Michigan Law has two inconsistent statutes. First, there is the Michigan Medical Marijuana Act which allows a registered patient to internally possess marijuana. Conflicting with that is the Michigan Vehicle Code, which prohibits a person from driving with any amount of a schedule one controlled substance, including marijuana, in their system.

A few years ago, the Michigan Supreme Court decided the case of People v Koon, 494 Mich 1 (2013). The Michigan Supreme Court ruled that it would be a legal impossibility for the legislature to allow people to use a lawful medicine like marijuana, and at the same time be absolutely prohibited from driving. Therefore, the Michigan Supreme Court reversed the Michigan Court of Appeals and held that a person who possesses marijuana in their body can only be convicted of driving under the influence of marijuana if, in fact, the marijuana influenced their operation of a motor vehicle.

In order for a prosecutor to approve beyond a reasonable doubt that a registered patient operated a motor vehicle under the influence of a controlled substance, the prosecutor cannot simply prove his case by proving that some amount of marijuana was in the patient’s system. The prosecutor must also prove that the operation of motor vehicle was actually impaired.

It is worth noting that currently, there are no scientifically accepted studies for use in a court preceding that show a particular amount of medical marijuana in a person’s system automatically means they are impaired. There is not a “breath test” or “Datamaster” to indicate that a certain amount of nano grams of THC in a person’s system automatically means that the driver is necessary impaired.

If you or a loved one is charged with driving under the influence of medical marijuana, then call Nye and Associates for a free consultation about your rights. We will aggressively defend your rights to use the medicine which the law allows you to use.

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